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FURTHER NOTE ON SCHUETTE V. COALITION TO DEFEND AFFIRMATIVE ACTION

April 29, 2014

Just as I finished writing on the Schuette ruling itself, I received an inquiry as to what, if any, are the implications of the ruling for federal contractors. I am still mulling over the ruling and will possibly have more to say about it in the...

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Supreme Court Rules in Favor of Michigan Voter Ban on Race Preference in Scheutte v. Coalition to Defend Affirmative Action

April 29, 2014

I previewed the oral arguments in this case in an Alert dated 10/22/13 and, quite frankly, I got it wrong. I thought it had a chance of being a 4-4 deadlock (Justice Kagan playing no role in the ruling). Instead it was a 6-2 ruling with Kennedy,...

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BED BATH AND BEYOND AGREES TO $125,000 SETTLEMENT FOR POLICY THAT AUTOMATICALLY EXCLUDES APPLICANTS WITH FELONY CHARGES

April 29, 2014

New York State Attorney General Eric T. Schneiderman announced on 4/22/14 that Bed Bath & Beyond agreed to rescind its policy to automatically exclude applicants with felony convictions and to pay $125,000 as part of the settlement, to include...

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EEOC LOSES APPEAL IN KAPLAN CASE

April 15, 2014

I reported on district court ruling EEOC v. Kaplan Higher Learning in an Alert dated 3/21/13, in which Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division awarded summary judgment to Kaplan on EEOC’s...

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98 MILLION DOLLAR SETTLEMENT IN UNITED STATES v. NYC FIREFIGHTER CASE

April 01, 2014

We first reported on this case in an Alert on August 12, 2010. The case is interesting because it is a long-running adverse impact case that ultimately morphed into a disparate treatment case. Originally, the DOJ challenged two entry-level exams...

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9TH CIRCUIT ENDORSES LARGE AWARD FOR ATTORNEY FEES FOR RELATIVELY PUNY AWARD FOR PLAINTIFF CLAIM

March 03, 2014

The case is Muniz v. United Parcel Service [738 F.3d 214], decided on 12/5/13. The facts are that Kim Muniz, who was first promoted to division manager, was subsequently demoted two levels to supervisor. Muniz claimed that a male manager convinced a...

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SUMMARY JUDGMENT OVERTURNED IN RACE & SEX CLAIM FOR BLACK FEMALE REPLACED BY HISPANIC FEMALE

March 03, 2014

The case is Shazor v. Professional Transit Management decided by the 6th Circuit on 2/19/14 [2014 U.S. App. LEXIS 2943]. The facts of the case are that Professional Transit Management (PTM), a provider of management services to transit authorities...

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EEOC V. FREEMAN ROUND 3: EEOC Appeals Summary Judgment

March 03, 2014

This is our third Alert on EEOC v. Freeman, in which the EEOC has charged that Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a pattern or practice of...

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EEOC WRITES INFORMAL LETTER TO INMATE SCHEDULED FOR RELEASE

January 07, 2014

The informal letter (available here) is in response to a request for information from the EEOC about apprentice training programs and employment training for ex-offenders. The original request was written by an inmate scheduled to be released after...

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Employer Fails To Justify Rescinding Job Offer After Medical Exam

January 07, 2014

The case is LaFata v. Dearborn Heights School District No.7, decided by District Court Judge Patrick J. Duggan of the Eastern District of Michigan, Southern Division.

The facts of the case are that Adam LaFata, was working for the school district...

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OFCCP Enforcement: The Year 2013 in Review

December 17, 2013

The year 2013 has been anything but quiet on the OFCCP enforcement front for the federal contracting community. Contractors have certainly been kept on high alert over the past 12 months with the release of the final regulations for protected...

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Recent OFCCP Audit Trends: Steering Cases

December 05, 2013
In light of the recent settlement with G&K, DCI is noting trends in current OFCCP audits related to personnel steering issues. G&K Services Co. settled claims of hiring discrimination with the OFCCP earlier this month, including $265,983 in back pay...
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